Omaha daily bee., 1887-12-26
A Monopoly Judgment.

nation over the conduct and ruling of
Judge Field in the Plattsmouth
B. & NJ. bridge suit. The case in
wolves "a vital issue to the tax payers Of
the city Of Plattsmouth and Cass
county. The Burlington road brought
suit to recover taxes paid for several
years past upon the west half of the
Missouri bridge at Plattsmouth. These
taxes had been levied on the appraise-
ment Of local precinct assessors. The
company insists that the bridge is a
part OF its right of way, and as such
should be assessed by the state board of
equalization at the usual mile
age rate. On the other hand the
attorneys of the county assert that
the bridge has not been assessed
by the state board and is not properly a
portion of the right of way. Their po-
sition is fortified also by the notorious
fact that the Burlington road charges
and collects special bridge tolls at Platts-
mouth, just as the Union Pacific does at
Omaha.
When the case was given to the jury,
they were instructed by Judge Field to
find in favor of the Burlington road for
the full amount claimed, namely
5,463.66. His instructions were imper-
ative, and were accompanied by the
statement that he would assume all re-
sponsibility as the question involved was
one Of law and not of fact. The jury ac-
cordingly brought in verdict as
directed. The local papers in
Cass county are intensely severe in
their comments or this decision. The
Weeping Water Republicon, which
labored earnestly for Mr.. Fields cleo
tion last fall, scores the Judge merci-
lessly, as will be seen by the following
extract:
This high-handed outrage on common de-
cency, common law and the people of Cass
county, calls for a rebuke that can be felt; it
calls for the gentleman to step down and out
of position that he is untitled to occupy.
Our people have no further use for man in
that important position who has thought
for anything else but justice.
| This modern tool of wealthy, rich and
| powerful railroad corporation, comes to US to
preside over our courts, debating to them
| what they shall do, how they shall do it and
| how much they shall do.
The plaintiff in the case the Chicago, Bur
| lington & Quincy railroad company seeks to
| cvade the payment of taxes on its corporate
! property, it pays its taxes under protest,
| brings suit to recover it, by its influence it
, helps to elect man for Judge, to sit in iudg-
ment OH its cases, who, true to the power that
placed him in his high and exalted position,
compels the jury to do his bidding, against
| their own convictions in the case at ISSUE
| The people Of Cass county will demand
| that their commissioners carry this case to
the highest courts in the land, and see if q
tool of the railroad company can rob our
treasury with impunity; see if q railroad
company is to be released from the burden
Of taxation, willie the labor workers are COM
PEELED to foot the bills, SO that this rich and
political railroad company can increase their
dividends on heavily watered stock with
protection to their property thrown in.
The 81, 1896 is worth just as much to Cass
county as it is to the railroad We have got
it; we will keep it if possible. We have got
Field; VIC will get rid of him if possible, even
though we have to spend the amount of
money they are trying to get back in do
ing it.
people of Cass county are entitled to
little sympathy. They have nobody to
blame but themselves for playing into
the hands Of the Burlington monopoly
politically. Fields career before he
was elected judge was we'll known. He
was politically the creature of the Bur-
lington road. The political bosses OF
that corporation had him elected to the
legislature and made him speaker OF
the house four years ago. AS speaker
he carried out their behests,
packed the committees at their
bidding and made railroad legislation a
sham and farce. Such was the record
of Mr.. Field when he entered the race
for district Judge last fall. In the face
of this record he carried Cass county by
large majority. Having proved loyal
to his corporate friends in the legisla-
ture, it is not at all surprising that he
should lean in their direction ON the
bench. Judge Fields decision only
emphasizes the glaring outrage OF oul
railroad assessment law, W hich virtually
exempts railroads from local taxation
and piles the burden of city and county
government upon individual property
owners. If Judge Fields decision
wakes up the people of Cass county and
the state at large to a comprehension OF
this iniquitOus revenue system the Bur
lington verdict may prove blessing IL
disguise.